Public Defender System Research

The defence right of the criminal suspects or the defendant is of importance,which is self-evident. In criminal lawsuit, the defence right is carried out on its each stage. From the investigation,, prosecution, trial end to implementation, in the course of the first instance, from,the death penalty review or retrial, the defence right always play the significant function.For criminal procedure itself, defence right is also indispensable. The disadvantaged criminal suspects or defendants, only by the exercise of the defence right can they compete with the inspection authorities who are powerful and have the country’s abandant resources. Through the exercise of the right to defend, Lawyers not only safeguard the legitimate rights and interests of the defendant, but also can restrict and supervise prosecutorial authority. The judges, after the comprehensive consideration of both sides,can also make justice opinions.However, the improvement of the criminal defense rate,based on tools-criminal legal aid,the situation of which is unsatisfactory:the coverage of criminal legal aid is narrow, the quality is low. The criminal procedure law article34was modificated, the economic difficulties in the case of the provisions of the appointed defense was canceled, according to application the parties can get legal assistance, the range of forced defence has somewhat expanded, prosecutorial authorities carry notice obligations.For the progress of legal aid,The provisions of the criminal procedure was the institutional basis, but there are many problems to be solved. In August2010, the Pudong court and judicial bureau took the lead in setting up the first Public Defenders Office, witch caused public concern.Stiles system although still belongs to the category of criminal legal aid, but has its special trait. Compared with common lawyers, public defenders are supersiversed by the government department Compared with general criminal legal aid lawyers, Public defenders are billed by the state,witch means the nation is to fulfill its responsibility, and ordinary criminal legal aid lawyers perform their obligations for country,but only a few case subsidies. Stiles system in China is still new thing, related practice is still relatively lack, without much experience following, Public defenders, are facing the system of the theoretical and practical problems.In the thesis the innovation is driven by itself, the author intends to discuss some problems in our country below about setting up the public defenders system, the thesis roughly divided into several parts:Part one:the paper shows the development of defense system respectively in the U.K., the U.S. and Taiwan area of our country.Part two, the author expounds stiles theoretical basis. That is to carry out the relevant regulation of the constitution, it is the right of citizens’legal minimum safeguard, also accused of equality between all the people.the article puts forward the advantages of the system. Compared to the current criminal law aid, the system is more advantageous to promote effective defense, to reflect the judicial justice. It also will be a huge boost to the criminal justice system and the progress of reform related.Part three:the author introduces the feasibility of the system,namely the capital and people foundation. The system should notice several problems, such as,how to deal with the relation between the public defence and appointed defence, the allocation of resources,the legitimacy of public defense system, and the function should be expanded.Part four:the article puts forward the suggestion to construct public defenders system framework. There are six aspects,Namely, how to determine the standards of economic difficulties, institution and management, aid program to be designed construction of public defense attorney access system, the scope of cases for the system and financial management...